European State Aid Law / Antitrust Law and Merger Control22.04.2026Cologne Newsletter
New Temporary Crisis Framework: State aid in the Middle East crisis
The European Commission is consulting Member States on a crisis aid framework for particularly vulnerable economic sectors in response to the Middle East crisis. Hard-hit industries could benefit from expanded support options and relaxed requirements. The focus is on, among other things, energy prices, energy-intensive industries and selected sectors. The following article outlines the specific measures that are planned.
The planned framework
On 13 April 2026, Commission President Ursula von der Leyen announced that the European Commission is drawing up a new Temporary Crisis Framework (TCF) for state aid. The instrument is intended to support the EU economy in the wake of the Middle East crisis. It involves a temporary and targeted relaxation of EU state aid rules, without altering the fundamental principles of European competition law. The legal basis is Article 107(3)(c) TFEU, which permits sector-specific aid to counter unexpected economic risks.
Content and nature of the support
The draft provides for two main instruments.
Firstly, calibrated temporary support for the sectors most severely affected. This is intended to cover part of the price increase for fuel or fertilisers compared to the level prior to 28 February 2026, calculated on the basis of the beneficiaries’ actual consumption. In addition, a simplified aid scheme per undertaking (with the exception of EU short sea shipping) is envisaged, whereby Member States can rely on relevant statistics without having to track actual consumption on an individual basis.
Secondly, the maximum aid intensity for electricity costs in energy-intensive industries is to be raised above the existing 50% ceiling of the Clean Industrial Deal State Aid Framework (CISAF).
Furthermore, the Commission has signalled its willingness to consider, on a case-by-case basis, temporary measures to subsidise gas-fired power generation.
Sectors covered
Agriculture, fisheries, road freight transport and intra-EU short-sea shipping are explicitly mentioned. The latter is excluded from the flat-rate aid and may only benefit from the calibrated consumption aid. Energy-intensive industries are covered via the CISAF adjustment.
Status quo and consultation
The framework is not legally binding and cannot yet be used as a basis for granting aid. The Commission has invited Member States to comment on the draft and to answer supplementary questions – including whether further measures are required. The responses are to be evaluated swiftly so that the TCF can be adopted by the end of April 2026.
Dr. Agnès Reinhold
AssociateAvocate (France)
Konrad-Adenauer-Ufer 23
50668 Cologne
T +49 (0) 221 2091-325
M +49 160 92221878


